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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Nuclear Energy Act, No. 46 of 1999

Long title


To provide for the establishment of the South African Nuclear Energy Corporation Limited, a public company wholly owned by the State (the 'Corporation'), to define the Corporation's functions and powers and its financial and operational accountability, and provide for its governance and management by a board of directors and a chief executive officer; to provide for responsibilities for the implementation and application of the Safeguards Agreement and any additional protocols entered into by the Republic and the International Atomic Energy Agency in support of the Nuclear Non-Proliferation Treaty acceded to by the Republic; to regulate the acquisition and possession of nuclear fuel, certain nuclear and related material and certain related equipment, as well as the importation and exportation of, and certain other acts and activities relating to, that fuel, material and equipment in order to comply with the international obligations of the Republic; to prescribe measures regarding the discarding of radioactive waste and the storage of irradiated nuclear fuel; and to provide for incidental matters.

Table of contents

SECTION TITLE

CONTENTS

CHAPTER I. INTRODUCTORY PROVISIONS
1.  Definition
2.  Declarations, determinations and exemptions relating to material, substances, equipment and premises, etc

CHAPTER II. THE SOUTH AFRICAN NUCLEAR ENERGY CORPORATION, LIMITED
3.  Establishment of South African Nuclear Energy Corporation, Limited
4.  Incorporation of South African Nuclear Energy Corporation, Limited
5.  Corporation's memorandum and articles of association
6.  Application of Companies Act to Corporation
7.  Certain provisions of Companies Act may be declared not applicable to Corporation
8.  Corporation successor to property, assets and liabilities of Atomic Energy Corporation
9.  Transfer of shares by Minister
10.  State's financial interest in Corporation
11.  Financial year
12.  Judicial management and liquidation
13.  Main functions of Corporation
14.  Ancillary powers and functions of Corporation
15.  Loans
16.  Control and management of affairs of Corporation
17.  Vacation of office
18.  Meetings of Board
19.  Committees of Board
20. Board and committees to keep minutes
21.  Delegation and assignment of powers and functions by Board
22.  Chief executive officer
23.  General management of Corporation
24.  Delegations and assignments by chief executive officer
25.  Staff of Corporation
26.  Finances of Corporation
27.  Accounting and auditing
28.  Rights to discoveries, inventions and improvements made by Corporation's employees and certain other persons
29. Provisions with regard to security of Corporation's installations, sites and premises, etc
30. Exemption from duties and fees
31. Disclosure of confidential information concerning Corporation's activities
32. Minister may authorise performance of Corporation's functions by other person or body in certain circumstances

CHAPTER III. NUCLEAR NON-PROLIFERATION
33. Minister's responsibilities concerning Republic's international obligations with regard to nuclear non-proliferation
34. Authorisations required for acquisition or possession of, and certain activities relating to, nuclear material, restricted material and nuclear-related equipment and material
34A. Prohibition relating to nuclear material [...s34A inserted by Act 2004_003_027(1)]
35. Exportation of source, special nuclear or restricted material or nuclear-related equipment and material
36. Furnishing of information and reports
37. Inspector may enter upon or enter premises to monitor compliance with Act with regard to restricted matter and restricted acts and activities
38. Inspectors, powers of search, seizure, etc
39. Inspectors acting under section 37 or 38 entitled to information concerning safety, and to be accompanied
40. Provisions regarding issuing and execution of warrants
41. Disposal of patents for inventions with regard to nuclear energy, nuclear material and restricted matter
42. Application, in appropriate circumstances, of section 36, 79 or 80 of Patents Act, 1978, to invention contemplated in section 41 of this Act
43. Prohibition of applications by South African subjects for certain patents in other countries

CHAPTER IV. MINISTER'S RESPONSIBILITIES REGARDING SOURCE MATERIAL, SPECIAL NUCLEAR MATERIAL, RESTRICTED MATERIAL, RADIOACTIVE WASTE AND IRRADIATED FUEL
44. Acquisition by State of source material and special nuclear material
45. Authority over management of radioactive waste, and storage of irradiated nuclear fuel
46. Discarding of radioactive waste and storage of irradiated nuclear fuel
47. Reporting of information on occurrence of source material
48. Provision of certain restricted matter for research, development and training purposes
49. This Chapter not applicable to certain substances and certain radioactive material
50. Responsibility for institutional obligations of Republic

CHAPTER V. GENERAL PROVISIONS
51. Non-disclosure of Minister's reasons for decisions adversely affecting persons, permissible where security of Republic is involved
52. Court proceedings and arbitration proceedings arising from this Act may be held in camera
53. Appointment of inspectors
54. Regulations
55. Delegations and assignments by Minister
56. Offences and penalties
56A. Consent of National Director to institute proceedings and reporting obligations [...s56A. inserted by Act 2004_033_027(1)]
57. Legal succession to Atomic Energy Corporation
58. Amendment of section 1 of Act 15 of 1973...
59. Amendment of Act 87 of 1993
60. Partial repeal of Act 131 of 1993, and savings
61. Short title and commencement
Sch. SCHEDULE. AMENDMENT OF NON-PROLIFERATION OF WEAPONS OF MASS DESTRUCTION ACT, 1993 (SECTION 59)
 
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